Mistrial

A mistrial is when a trial ends before a final verdict is reached because something has gone wrong — a hung jury, juror misconduct, prosecutorial misconduct, the unexpected death or illness of a key participant, or something else that makes a fair verdict impossible. A mistrial does not mean the defendant wins or loses. It usually means the case starts over.

How Mistrials Work in California

California mistrials are governed by Penal Code §§ 1140 through 1141. A judge can declare a mistrial when the jury cannot reach a verdict, when there is “legal necessity” — for example, the death of a juror, exposure to highly prejudicial information, or fundamental errors in the proceedings — or when both parties consent. The defense can also move for a mistrial when something happens during trial that is so prejudicial that a fair verdict is no longer possible, such as inflammatory testimony that violates a pretrial ruling, juror misconduct, or improper prosecutorial argument.

Whether a retrial is allowed after a mistrial depends on why the mistrial was declared. If the mistrial was based on hung jury or “manifest necessity,” double jeopardy generally does not bar retrial. If, however, the mistrial was caused by intentional prosecutorial misconduct designed to provoke a defense mistrial motion, retrial may be barred under Oregon v. Kennedy and California cases applying similar principles. The Penal Code § 1387 limits on refiling after dismissal can also affect whether the prosecution can proceed.

Why a Mistrial Matters to Your Defense

A mistrial is sometimes a major defense win — particularly when the prosecution’s case has been weakened during the trial that ended. Witness credibility issues exposed during the first trial can be exploited in any retrial, and the prosecution’s strategic choices become predictable. A skilled criminal defense attorney treats the period between mistrial and retrial as an opportunity, not a setback.

Sometimes a mistrial also leads to dismissal or favorable resolution. Prosecutors who watched their case stumble may decide not to retry, or to offer reduced charges in negotiation. The dynamics depend on why the mistrial was declared, how the jury split (in hung jury cases), and how strong the prosecution’s evidence held up under cross-examination.

Related Legal Terms

A mistrial connects to the rules around a hung jury, the protections of double jeopardy, and the strategic dynamics that affect later plea bargain negotiations or retrial. These concepts come up in our criminal defense and DUI defense practice.

Facing Charges Where This Applies?

If your case ended in a mistrial — or if events during trial suggest one might be appropriate — the strategic decisions ahead can change everything. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.